Burnaby will be seeking a court order

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Burnaby will be seeking a court order ruling shortly.

From current Vancouver Sun article (print edition page A7), ‘Burnaby tells Kinder Morgan to halt work’ http://www.vancouversun.com/Burnaby+tells+Kinder+Morgan+conservation+area+limits/10169059/story.html

“Burnaby Coun. Sav Dhaliwal said in an interview that Kinder Morgan crews were starting to mark trees for removal and that “we’ve issued a notice to stop work. As a corporate citizen, I hope they respect the stop-work order, gather their equipment and go away.”

Burnaby, which opposes the Kinder Morgan Trans Mountain pipeline expansion proposal, said the trees were being marked by survey crews for removal for the pipeline the company wants to construct between the Alberta oilsands and Burnaby.

“This is an area protected by city bylaws and nobody is above the law,” said Dhaliwal. “They say they have a right to do that, but we say they don’t.”

He said Burnaby staff won’t get into any physical confrontation with crews if the work continues, but that “we’ll monitor them.”

Burnaby Mayor Derek Corrigan said the city does not believe Kinder Morgan has a legal right to cut trees in the area.

“We think that (NEB) section doesn’t overrule city bylaws. Our staff will be back there (Wednesday) too.”

Corrigan said the city “can’t let Kinder Morgan cut down trees and do irreparable damage in a conservation area protected by our city’s bylaws. These bylaws represent the rights and values of our citizens and local residents.”

“We were prepared to allow them to access this conservation land for non-invasive work that could be repaired over time, but absolutely not to do what they arrived this morning to do — to cut down trees to create helicopter landing pads and sites for drilling bore holes on this protected land.”

Burnaby’s legal counsel Greg McDade said in a statement that Burnaby will seek a court order ruling. “Kinder Morgan has not only damaged the Conservation Area in contravention of the law, they have also attempted to interfere with traffic on public roads and to obstruct park staff in their duties. The actions of the company are unprecedented, and they appear to believe they can act as if the rule of law doesn’t apply to them.”

Parsons Bell [KM spokeswoman] denied that a helicopter pad was being built. “At no time will a helicopter land in the Burnaby conservation area.””